10/09/2015

Opinion on the applicability of International Human Rights norms to the internal workings of the European Patent Office

Paul Beckett from Quinn Legal is a lawyer concerned by the plight of EPO staff and has independently assessed the applicability of fundamental rights in the internal workings of international organisations, and the EPO in particular. This document reflects his legal opinion, which may be taken into consideration in further legal work.

26/08/2015

Filtering of SUEPO emails

The Office continues to filter emails sent to EPO staff and containing the word SUEPO in the subject. A SUEPO lawyer addresses Mr Battistelli by pointing out the legal implications and requests the end of the filtering. A copy of the letter can be found here.

27/07/2015

AMBA Questionnaire on the Reform of the Boards of Appeal

AMBA, the Association of the Members of the Boards of Appeal of the European Patent Office (EPO), has launched an online questionnaire on reforms of the Boards of Appeal of the EPO:

"The structural reform of the BoA is very important to the status of the European patent system as a whole. In our view, it deserves wider debate and consultation than it has received so far, especially amongst users and practitioners."

AMBA's own proposal for reform can be found here.

18/07/2015

Letter to Heiko Maas, Federal Minister of Justice and Consumer Protection

A SUEPO lawyer addresses Heiko Maas and informs him of the latest reforms and developments at the EPO.His letter is a follow-up on his earlier letter of March 2015.A copy of the letter can be found here.

16/07/2015

FOSS Patents, "Leadership of European Patent Office blocks examiners' access to directory of potential prior art"

FOSS Patents reports that EPO staff can no longer access the TechRights blog, which is written by a free and open source software activist from the UK, Dr. Roy Schestowitz.The matter was addressed by the Central Staff Committee (CSC) in a letter sent to the Director Internal Communication.

Florian Mueller wonders whether the two posts on the EPO that TechRights published shortly before the censorship played a role:

"TechRights has been around for almost a decade [...] and opinionated posts on policy issues are not the only thing it publishes. TechRights very frequently (mostly on a daily basis) provides link collections such as this one, which contain numerous technical news from the free and open source software community.[...] A patent office that is serious about patent quality should not take even the slightest risk that an examiner may, due to the blocking of a website, fail to identify prior art that could prevent a bad patent from issuing."

"EPO staff can still read TechRights at home or on mobile devices, a fact that makes this attempt at censorship absolutely ridiculous. But it should also have access from its desktop computers at work just in case anyone finds links to prior art there.The EPO leadership has just scored an own goal: by blocking access to TechRights, it has now raised the profile of that blog."

16/07/2015

120th Session of the ILO-AT

In its 120th session the Tribunal delivered a total of 90 judgments, of which 45 cases involving the EPO. Of the EPO cases, only 5 cases were won at least partially by the complainants. Of the remaining cases 11 were summarily dismissed. The result is marginally better for the complainants than that of the previous session but remains extremely poor. Moreover, none of the cases that were won seriously inconveniences the EPO.

The present paper discusses selected cases and the overall implications.

02/07/2015

Intervention of Pierre-Yves Le Borgn' (PS) at the Parliamentary Assembly of the Council of Europe

Pierre-Yves Le Borgn', a French Member of Parliament, made an intervention at the Parliamentary Assembly of the Council of Europe on 25 June 2015.

Mr Le Borgn' explained the rollback of fundamental rights at the European Patent Office (EPO) and referred to the Report of the Committee on Legal Affairs and Human Rights from Mr José María Beneyto, Accountability of international organizations for human rights violations:

"I make appeal to the Member States, from whom the European Patent holds its legitimacy, to act, because now is the time to act."

The intervention is available on YouTube. A transcript is available here.
Translations inEnglish,German andDutch are available by scrolling through the document.

01/07/2015

Parliamentary Assembly of the Council of Europe, "Rollback of fundamental rights at the European Patent Office"

Pierre Yves Le Borgn', a French Representative in the Parliamentary Assembly of the Council of Europe, has initiated a declaration co-signed by 82 Members of Parliament, including four of the five main political group leaders.

The declaration can be found on the Assembly's website in English (archive) andFrench (archive).Translations are also available in German and Dutch.

In his blog, Pierre Yves Le Borgn' announces his intention tosubject the deficient governance of the EPO to a review by the Venice Commisssion (The European Commission for Democracy through Law) which could make suitable recommendations to find a solution.

30/06/2015

Münchner Merkur, "Seine Herrschaft muss enden"

The Münchner Merkur reports on the demonstration of EPO staff on 24 June 2015 in front of the ISAR building in Munich:

"The regularity of the protests by the staff at the European Patent Office brings back memories of the Leipzig Monday demonstrations in the days of EastGermany, and, like them, this is a matter of basic rights. Large sections of the 7000 employees accuse their most senior executive, Office President Benoît Battistelli, ofcontinuing abuse of power and of using East German methods - accusations he strenuously denies."

"The Office itself is stonewalling. Disciplinary matters are strictly confidential, and that means strictly no comment as to whether and how monitoring iscurrently being carried out. Insiders have reason to believe that a new guideline regarding video surveillance is in the making."

Translations in English,French andDutch can be found by scrolling through the document.

28/06/2015

Situation of the European Patent Office, June 2015

The social conflict at the European Patent Office continues. The working climate has become toxic for both individual staff in the EPO and for the broader functioning of this European institution as a whole.

An overview of the latest events and an analysis of the current situation can be found in this publication.